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Terms of Use
This page sets forth
the Terms and Conditions under which you may use the PROCURESOURCE
website (the Site). Please read this page carefully and, if you do
not accept the Terms and Conditions set forth below, do not use
the Site. By
accessing or using
the Site, you
are accepting and agreeing to be bound by these Terms and
Conditions. PROCURESOURCE, LLC (the "Company"), may revise these
Terms and Conditions at any time by updating this page, and any such
update shall be binding on users from and after the date such update
is posted. You should visit this page periodically to review the
Terms and Conditions then in effect.
General
You acknowledge and agree that the information provided by you to
the Company will be used for purposes of evaluating your
qualifications for potential employment with the Company or one of
the Company's affiliates.
The Company exercises reasonable efforts to maintain the
confidentiality of your information and other information submitted
to it; however, the Company exercises no control over the
transmission of e-mailed communications before they are received by
the Company and assumes no obligation and shall incur no liability
with respect to such communications.
License and Site Access
The Company grants you a limited license to access and make
personal use of this site and not to download (other than page
caching), copy or modify it, or any portion of it, except with the
express written consent of the Company. This license does not
include any of the following: any resale or commercial use of this
site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. Neither this
site nor any portion of this site may be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without the express written consent of the
Company. You may not frame, or utilize framing techniques with
respect to, any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of the Company and
its affiliates without the Company's express written consent. You
may not use any meta tags or any other "hidden text" utilizing the
Company's name or trademarks (or the name PROCURESOURCE) without the
express written consent of the Company. Any unauthorized use by you
of PROCURESOURCE shall automatically terminate the license granted
to you to use PROCURESOURCE.
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of the Company or its
content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the
exclusive property of the Company and protected by U.S. and
international trademark and copyright laws and treaties. All
software used on this site is the property of the Company or its
software suppliers and protected by United States and international
trademark and copyright laws and treaties. You must retain all
copyright, trademark, service-mark and other proprietary notices
contained in the original material on any copy you make of the
material.
Prohibited Uses of PROCURESOURCE
You may not use PROCURESOURCE to transmit, distribute, or store
material (i) in violation of any applicable law or regulation, (ii)
in a manner that would infringe the copyright, trademark, trade
secret, or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others, or (iii)
that is defamatory, obscene, threatening, abusive, or hateful.
You are prohibited from violating or attempting to violate the
security of the site. Prohibited activities include the following: (i)
accessing data not intended for you or logging into a server or
account which you are not authorized to access; (ii) attempting to
probe, scan or test the vulnerability of the site or to breach the
security or authentication measures utilized by the site; (iii)
attempting to interfere with service to any user of the site,
including, without limitation, by submitting a virus to the site, or
overloading, flooding, spamming or crashing the site; or (iv)
forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Without limiting the generality of the foregoing, you agree that you
will not use the site for any of the following purposes or in any of
the following manners: (i) posting any incomplete, false, or
inaccurate biographical information, whether in a resume or not;
(ii) deleting or revising any material posted by any other person or
entity; (iii) using any device, software or routine to interfere or
attempt to interfere with the proper working of the site or any
activity being conducted on the site; (iv) taking any action that
imposes an unreasonable or disproportionately large load on the
site's infrastructure; and (v) attempting to decipher, decompile,
disassemble or reverse engineer any of the software comprising or in
any way making up a part of the site.
Submissions by Users
You may post reviews, comments, and other content; send e-cards
and other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You may not use
a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. The
Company does not control or endorse the content posted by users to
the site and, as such, does not guarantee the accuracy, integrity,
or quality of such content. You acknowledge that the Company does
not pre-screen user-submitted content, but that the Company shall
have the right (but not the obligation), it its sole discretion, to
refuse, move or remove any user-submitted content. You understand
that, to the extent a user violates these Terms and Conditions, you
may be exposed to content that is offensive, indecent or
objectionable. Under no circumstances will the Company or its
affiliates be liable in any way for any user-submitted content,
including, but not limited to, for any errors or omissions in any
such content, or any loss or damage of any kind incurred as a result
of the use of any such content.
If you do post content or submit material, and unless we indicate
otherwise, you grant the Company and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right
to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content
throughout the world in any media. You grant the Company and its
affiliates and sub-licensees the right to use the name that you
submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate;
that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will
indemnify the Company and its affiliates for all claims resulting
from content you supply.
Links to PROCURESOURCE.com
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of PROCURESOURCE so long as the
link does not portray the Company, PROCURESOURCE, its affiliates, or
their products or services in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any Company or
PROCURESOURCE logo or other proprietary graphics as part of the link
without the express written permission of the Company. Any such link
shall be a text link and, in creating such link, you are not
permitted to pull any graphic images or reproduced text from the
Site. If you would like to use an image for your link, you may use
this:

[right-click the image and choose "save image"]
Links on PROCURESOURCE to Third Party Sites
PROCURESOURCE's website contains links to third party web sites
and resources. Because PROCURESOURCE has no control over such sites
and resources, you acknowledge and agree that PROCURESOURCE is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that PROCURESOURCE shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with your use of or reliance on any
such content, goods or services available on or through any such
site or resource.
Copyrights and Copyright Agent
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to the Designated Agent indicated
below, and must include substantially all of the following:
• A physical or electronic signature of the owner (or person
authorized to act on behalf of the owner) of an exclusive right that
is allegedly infringed;
• Specific identification of the copyrighted work claimed to have
been infringed, or if multiple copyrighted works are covered by a
single notification, a list of each copyrighted work claimed to have
been infringed;
• Information related to the work(s) reasonably sufficient for
PROCURESOURCE
to promptly locate the work (e.g. title of work, location within the
Site etc.);
• Information reasonably sufficient to permit
PROCURESOURCE
to directly contact the complaining party;
• A statement that the complaining party has a good faith belief
that use of the work(s) in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
• A statement requesting that
PROCURESOURCE
take a specific act with respect to the alleged infringement (e.g.,
removal, access restricted or disabled); and
• A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
PROCURESOURCE
and its affiliates address for notice of claims of copyright
infringement related to the Site is as follows:
ProcureSource, LLC
Attn: Legal
Dept.
7701 France
Avenue South, Suite 200
Edina MN
55435
952-841-6393
The Company should be contacted only if you believe that your work
has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on the Site. All
other inquiries regarding these Terms of Use should be directed to
webmaster@procuresource.com.
Privacy
Please review our Privacy Notice, which also governs your visit
to PROCURESOURCE, to understand our practices regarding the
collection and use of user information.
Your Account
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. If you are
under 18, you may use PROCURESOURCE only with involvement of a
parent or guardian. The Company reserves the right, in its sole
discretion and at any time, to refuse service or access to
PROCURESOURCE, terminate user accounts, or remove or edit content.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE UTILIZING THE SITE
VOLUNTARILY AND WITHOUT RELIANCE ON ANY REPRESENTATION OR WARRANTY
BY THE COMPANY OR ANY OF ITS AFFILIATES. THIS WEB SITE IS PROVIDED
TO YOU "AS IS," WITHOUT WARRANT OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES
NOT WARRANT THAT THE OPERATION OF
THE SITE WILL
BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE OR THAT
THE SITE AND
ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF
THE SITE OR
THE MATERIAL ON
THE SITE
RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT OR DATA,
THE COMPANY IS NOT RESPONSIBLE FOR ANY COSTS RELATED THERETO. NO
AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY
REGARDING THE WEB SITE ON BEHALF OF PROCURESOURCE.
Exclusion of Liability
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE
COMPANY OR ANY OF ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR EXPENSES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) INCURRED BY YOU OR ANY
OTHER PARTY ARISING OUT OF OR RESULTING FROM YOUR USE OF
THE SITE,
DELAY OR INABILITY TO USE
THE SITE, OR
FOR ANY INFORMATION, SOFTWARE, OR SERVICES OBTAINED THROUGH
PROCURESOURCE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify, and hold harmless the Company,
its officers, directors, employees, agents and affiliates, from and
against any claims, actions, demands, including reasonable legal
fees and expenses, alleging or resulting from your violation of
these Terms and Conditions.
Governing Law; Other
These Terms and Conditions are governed by the laws of the State
of Minnesota without regard to its conflict of law provisions. You
and the Company agree to submit to the personal and exclusive
jurisdiction of the courts located within the State of
Minnesota. The
failure of the Company to exercise or enforce any right or provision
of these Terms and Conditions shall not constitute a waiver of such
right or provision. If any provision of these Terms and Conditions
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of these Terms and Conditions shall remain in
full force and effect.
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